Commissioner of Wealth-tax vs M.S.P. Nadar Charities

N.K. Jain, C.J.—The above tax cases are filed by the Department against the order of the Income Tax Appellate Tribunal, "D" Bench, Madras, passed in I.T.A. Nos. 1103 and 1104/Mds. of 1993, dated March 31, 1999, dismissing the appeals filed by the Department.

Learned standing counsel for the Department submits that the following question of law is involved in these tax cases ;

"Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that the maximum rate as provided u/s 21A would apply only if the net wealth itself exceeds the taxable limit as provided under the Schedule to the Wealth-tax Act, 1957 ?"

We have heard learned standing counsel, and perused the materials on record. On a consideration, we find that no substantial question of law is involved in these tax cases. That apart, the controversy had already been set at rest by this court in Haresh Anitha Trust Vs. Commissioner of Wealth-tax, , which has not been disputed by learned standing counsel for the Department. In view of the above, these tax cases are dismissed. No costs.